January 15, 2013 – 9:30 a.m.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
JANUARY 15, 2013
PAGE ITEM
10 3B-7 REVISED
SUMMARY: Staff recommends motion
to receive and file: Annual financial reports, excess fees and unexpended
budget for Fiscal Year 2010/2011
& Fiscal Year 2011/2012, for the Clerk & Comptroller, Tax
Collector, and Property Appraiser. SUMMARY: The financial reports of
these Constitutional Officers were submitted to the Office of the Clerk &
Comptroller on or before October 31, 2012, in accordance with F.S. 218.36. The amounts shown for the Tax Collector and
the Property Appraiser represent the total payment to the County. A portion of these revenues are budgeted in
the Library, Fire-Rescue, and various other special revenue funds (Budget
Estimates based on Palm Beach County Fiscal Year Annual Budget documents). The
amounts shown as additional/decrease in excess fees will be included in the
adjustment for additional balances brought forward which will be brought to the
Board of County Commissioners in March 2013. The adjustments for FY 2011
were approved by the Board of County Commissioners March 20, 2012. Countywide
(PFK) (Clerk)
12 3E-1 DELETED: Staff recommends motion to approve: A) Contract for Provision of Services with
Governor’s Council for Community Health Partnerships, Inc. for the period
February 1, 2013, through September 30, 2013, in an amount not to exceed
$442,979 for Summer Camp Scholarships; and…(Community Services) (Governor’s
Council is no longer able to perform the service)
24 3K-4 DELETED:
Staff
recommends motion to approve: A) Work Authorization No. 7 for design, permitting, and
construction of the Southern Region Water Reclamation Facility (SRWRF) Solar
Energy Project with CDM Constructors, Inc. in the amount of $924,967;…(WUD)
(Further staff review)
40 5C-2 REVISED TITLE: Staff:
A) recommends motion to approve on preliminary reading and advertise for
Public Hearing on February 5, 2013 at 9:30 a.m.: an Ordinance of
the Board of County Commissioners of Palm Beach County, Florida, amending the Palm
Beach County Unified Land Development Code, Ordinance 2003-70, as amended, by
amending Article 13, concerning countywide impact fee amounts,…B) requests
Board direction regarding one of three of the following options for
adjusting impact fee rates:
I. Option
1 – Increase fees to the full amount (95% of the amount calculated in the
study) allowed by the ordinance.
II. Option
2 – Increase fees to the full amount allowed by the ordinance with two phase-in
periods on May 4, 2013 and May 4, 2014. The
first phase would increase fees approximately 60%. The first phase would
capture 60% of the proposed fee increase. The final adjustment of the fees
on May 4, 2014 would increase the fees to the full amount allowed by the
ordinance.
III. Option
3 – Impact Fee Review Committee recommend a 20% increase of impact fees
identified in the impact fee study with two phase-in periods beginning on May
4, 2013 and May 4, 2014. This would result in a net decrease of impact fees for
residential development and approximately a net increase of 13% for
non-residential development. (OFMB/Impact
Fee Office)
43 5F-1 ADD-ON: Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the
Delray Beach Community Redevelopment Agency and Palm Beach County for the
services of the Palm Beach County Commission on Ethics. SUMMARY: The
Delray Beach Community Redevelopment
Agency agreed to subject itself to the jurisdiction and authority of the
Commission on Ethics. This MOU
identifies the roles and responsibilities of the Commission on Ethics and the Delray Beach Community Redevelopment Agency
in implementing the Palm Beach County Code of Ethics, and establishes a
schedule of fees to be paid by the Agency to the County
in exchange for services. As required by
the Commission on Ethics Ordinance, all fees paid under this agreement must be
used to fund Commission on Ethics operations.
The MOU is subject to final approval of the Board of County
Commissioners. District 7 (LB) (Commission on Ethics) (Added to Agenda
at the request of the Mayor of the City of Delray Beach)
43 5F-2 ADD-ON: Staff recommends motion to approve: a Memorandum of Understanding (MOU) with the Lake
Worth Community Redevelopment Agency and Palm Beach County for the services of
the Palm Beach County Commission on Ethics. SUMMARY: The Lake Worth Community Redevelopment Agency agreed
to subject itself to the jurisdiction and authority of the Commission on
Ethics. This MOU identifies the roles
and responsibilities of the Commission on Ethics and the Lake Worth Community Redevelopment Agency
in implementing the Palm Beach County Code of Ethics, and establishes a
schedule of fees to be paid by the Agency to the County in exchange for
services. As required by the Commission
on Ethics Ordinance, all fees paid under this agreement must be used to fund
Commission on Ethics operations. The MOU is subject to final approval of the
Board of County Commissioners. District 3 (LB) (Commission on Ethics)
46 8C ADD-ON: Request approval to present off-site, a Certificate
of Special Recognition for Gloria Blake. (Sponsored by Commissioner Vana)
46 8E ADD-ON: Request approval to present off-site, a Proclamation
declaring March 22, 2013 as “All People’s Day” in Palm Beach County. (Sponsored
by Commissioner Berger)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JANUARY 15, 2013
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 7)
3. CONSENT
AGENDA (Pages 8 - 33)
4. PUBLIC HEARINGS - 9:30 A.M. (Pages 34 -
35)
5. REGULAR
AGENDA (Pages 36 - 43)
6. BOARD
APPOINTMENTS (Page 44)
7. STAFF
COMMENTS (Page 45)
8. COMMISSIONER
COMMENTS (Page 46)
9. ADJOURNMENT (Page 46)
* * * * * * * * * * *
JANUARY 15, 2013
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 7
2C-1 Donation from Stray No More
2C-2 Association of Metropolitan Water Agencies
Platinum Award for Utility Excellence 2012
2C-3 Certificate of Appreciation to the Caridad
Center
2C-4 Stalking Awareness Month
2C-5 Arbor Day
CONSENT AGENDA
A. ADMINISTRATION
Page 8
3A-1 Tri-Party Interlocal Agreement with the
School Board and Health Department regarding use of school facilities for
points of dispensing
3A-2 Appointment to Health Council of Southeast
Florida, Inc.
3A-3 Appointment to Workforce Alliance, Inc.
Page 9
3A-4 Appointments/Reappointments to Comprehensive
Economic Development Strategy Committee
B. CLERK & COMPTROLLER
Page 9
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
Page 10
3B-4 Change
orders, work task orders, minor contracts, final payments, etc.
3B-5 Bonds
for re-elected constitutional officers
3B-6 Report
of County Officials Bonds
3B-7 Annual financial reports, excess fees and
unexpended budget for Clerk & Comptroller, Tax Collector and Property
Appraiser
C. ENGINEERING & PUBLIC WORKS
Page 11
3C-1 Agreement with Leftwich Consulting Engineers,
Inc. for long range transportation planning services for the Glades Region
Master Plan Highway Network Re-evaluation project
3C-2 Deleted
3C-3 Renewal
of survey and mapping annual agreements with two firms
3C-4 Renewal
of structural engineering annual agreement with three firms
D. COUNTY ATTORNEY
Page 12
3D-1 Contract for professional legal services with
Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A.
(Nicastro case)
E. COMMUNITY SERVICES
Page 12
3E-1 Contract with Governor’s Council for
Community Health Partnerships for summer camp scholarships
Page 13
3E-2 Amendments/Contracts for provision of
financial assistance under the Financially Assisted Agencies Program
3E-3 Contract with Health Department for dental
services to children and pregnant women in Head Start Program
Page 14
3E-4 Notice
of grant award and amendments to contracts associated with Ryan White Program
JANUARY 15, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
E. COMMUNITY SERVICES (Cont’d)
Page 15
3E-5 Ratify Chair’s signature on three HUD
Applications for several homeless programs
Page 16
3E-6 Florida Agency for Health Care
Administration’s Medicaid’s Long Term Care Managed Care Program implementation
F. AIRPORTS
Page 16
3F-1 Extension of Time to JPA with FDOT for
Concourse C security improvements at PBIA
3F-2 Extend Airline-Airport Use and Lease
Agreement with JetBlue Airways
3F-3 Palm Beach County Glades Airport Drop Zone
Permit with Extreme Skydiving, Inc.
3F-4 License Agreement with Centerport, Inc. for
cargo operation at PBIA
Page 17
3F-5 License Agreement with Bullet Delivery of
WPB, Inc. for cargo operation at PBIA
3F-6 Airline-Airport Use and Lease Agreement with
United Air Lines, Inc.
3F-7 License Agreement with Avis Rent A Car System for rental car operation at PBIA
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 17
3G-1 Negotiated
settlement with AmeriGas regarding public serves gas tax dispute
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Change
Order No. 13 with The Weitz Company relative to Main Library renovations
3H-2
Amendment No. 1 with three firms for architectural services
3H-3 Contract
with CAM Group to replace roof at West Jupiter Community Center
Page 19
3H-4 First Amendment to Lease Agreement
with Delray Beach Playhouse
3H-5 Extension
of Lease Agreement with Walter and Joyce Hatcher for 6.54 acres of Indiantown
Road (west of Riverbend Park)
3H-6 Appointment to
Public Art Committee
I. ECONOMIC SUSTAINABILITY
Page 20
3I-1 Reimbursement to Town of Mangonia Park for
community center renovation project
3I-2 Agreements with HUD for CDBG, HOME, and ESG
programs
Page 21
3I-3 Ratify HUD Emergency Solutions Grant
3I-4 Economic Development Incentive Grant
Agreement with ADT, LLC
J. PLANNING, ZONING & BUILDING
Page 22
3J-1 Appointment/Reappointments
to Land Development Regulation Advisory Board
K. WATER UTILITIES
Page 23
3K-1 Receive
and file three standard agreements
3K-2 Contract with Hinterland Group, Inc. for
rehabilitation of sanitary sewer concrete structures and lift stations
Page 24
3K-3 First Amendment
to Potable Water and Wastewater Development Agreement with HTG Palm Beach II
3K-4 Work Authorization No. 7 relative to SRWRF
solar energy project with CDM Constructors, Inc.
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 25
3L-1 Receive
and file one standard document
JANUARY 15, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
M. PARKS & RECREATION
Page 25
3M-1 Receive and file one Independent Contractor
Agreement
3M-2 Receive and file one Entertainment Contractor
Agreement
Page 26
3M-3 Receive and file one Sound and Light
Production Services Contractor Agreement
3M-4 Receive and file two Amphitheater Rental
Agreements
3M-5 Budget Transfers related to Lake Lytal Park
and Caloosa Park improvements
Page 27
3M-6 Second
Amendment with Gordon Andrews for USA Swimming and US Master Swimming coaching
services
3M-7 Non-standard Amphitheater Rental Agreement
with JM Family Enterprises for company picnic
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION
Page 27
3Q-1 Agreement with University of South Florida
for evaluation of Justice, Mental Health Collaboration project
Page 28
3Q-2 Agreement
with PBSO regarding security at Juvenile Assessment Center
3Q-3 FDLE
Grant award/contracts for ex-offender reentry programs
R. HUMAN RESOURCES - None
S. FIRE RESCUE - None
T. HEALTH DEPARTMENT - None
U. INFORMATION SYSTEMS SERVICES
Page 29
3U-1 Pricing
Schedule with AT&T Corporation for long distances services
3U-2 Agreement
with Early Learning Coalition of PBC for regional network connection
Page 30
3U-3 First Amendment with Loxahatchee River
Environmental Control District relative to network services
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 30
3X-1 Clinical
Services Agreement with ChildNet, Inc. to provide psychological evaluations
3X-2 Contract
with Byron V. Reid, for on-call veterinary services
Page 31
3X-3 Agreement with Florida Division of Emergency
Management for damages caused by Hurricane Isaac
Y. PURCHASING - None
Z. RISK MANAGEMENT - None
JANUARY 15, 2013
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
AA. PALM TRAN
Page 31
3AA-1 Contracts with Seagull Industries for the Disabled and Federation
Transportation Services for providing transportation services to their
transportation disadvantaged clients
BB. SHERIFF
Page 31
3BB-1 Grant Modification with FDLE for PBSO’s
Critical Infrastructure Protection/Target Hardening project
Page 32
3BB-2 Agreement with City of Miami for Regional 7
Perimeter Response Team Enhanced Capability
3BB-3 Grant Modification with Office of National Drug
Control Policy for Palm Beach Narcotics Task Force
3BB-4 Agreement with City of Miramar for various
direct law enforcement oriented domestic security activities
CC. SUPERVISOR OF ELECTIONS
Page 33
3CC-1 Precinct boundary changes
DD. WESTGATE/BELVEDERE HOMES COMMUNITY
REDEVELOPMENT AGENCY
Page 33
3DD-1 Contract with Ric-Man International,
Inc. for Belvedere Homes’ infrastructure improvements
PUBLIC HEARINGS – 9:30 A.M.
Page 34
4A Glades Utility Authority
Page 35
4B Issuance
of revenue bonds by the Kansas Development Finance Authority to Lifespace
Communities, Inc. to finance certain life care retirement communities
improvements
4C Small Business Enterprise Program
Ordinance
REGULAR AGENDA
ADMINISTRATION
Page 36
5A-1 Receive
and file documents related to the Convention Center Hotel
Page 37
5A-2 Rules
of Procedure
FACILITIES
DEVELOPMENT & OPERATIONS
Page 38
5B-1 Third Amendment to SubLease Agreement with
Boys & Girls Club of Palm Beach County for Bill Bailey Community Center
& PBSO/PAL Youth Center in Pahokee
OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
Page 39
5C-1 Resolution authorizing issuance of Public
Improvement Revenue Bonds (unified messaging system project)
Page 40
5C-2 Impact
Fee Ordinance
JANUARY 15, 2013
TABLE OF CONTENTS
REGULAR AGENDA CONTINUED
AIRPORTS
Page 41
5D-1 Purchase
and Sale Agreement for property west of Runway 10L at PBIA
Page 42
5D-2 Airport
Ground Transportation
PUBLIC
SAFETY
Page 43
5E-1 Vehicle
for Hire Ordinance
BOARD APPOINTMENTS (Page 44)
STAFF COMMENTS (Page 45)
COMMISSIONER
COMMENTS (Page 46)
ADJOURNMENT (Page 46)
JANUARY 15, 2013
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Receipt of $12,000 donation from Stray
No More, a local animal advocacy organization, to Palm Beach County Animal Care
& Control.
2. Recognition of the Palm Beach County
Water Utilities Department for receiving the Association of Metropolitan Water
Agencies Platinum Award for Utility Excellence for 2012.
3. Certificate
of Appreciation to the Caridad Center. (Sponsored by Commissioner Berger)
4. Proclamation declaring January 2013 as
“Stalking Awareness Month” in Palm Beach County. (Sponsored by Commissioner
Santamaria)
5. Proclamation declaring January 18, 2013
as “Arbor Day” in Palm Beach County. (Sponsored by Commissioner Vana)
* * * * * * * * * * * *
JANUARY 15, 2013
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. Staff recommends
motion to approve: tri-party
Interlocal Agreement with the School Board of Palm Beach County and the Palm
Beach County Health Department regarding the use of school facilities for
points of dispensing (PODs) for medical and emergency services during a
declared state or local emergency. SUMMARY: This Agreement provides for the use of
specified public school facilities by the County as emergency facilities in
advance, during, and immediately after a declared state or local biological
emergency. The designated facilities will be made available for use as PODs for
medications and/or vaccines from the Centers for Disease Control and
Prevention’s National Stockpile. The PODs would be operated by the Palm Beach
County Health Department with staff support from the School Board. The Agreement requires the County to
reimburse the School Board for all costs not reimbursed by the Federal
Emergency Management Agency associated with the use of school facilities. This
Agreement does not include provisions for emergency sheltering use which are
addressed in a separate agreement. Countywide (PE)
2. Staff
recommends motion to approve: appointment of one individual to the
Health Council of Southeast Florida, Inc. for a two-year term commencing
January 15, 2013:
Appoint Seat
No. Seat Requirement Nominated By
Patricia Avakian 10 Health Care Purchaser Comm. Burdick
SUMMARY: The Health Council of Southeast Florida, Inc. (Council) is a not-for-profit corporation established pursuant to Section 408.033, Florida Statutes, for the purpose of providing and coordinating health planning activities within Palm Beach, Martin, St. Lucie, Indian River and Okeechobee Counties. The Council consists of twelve members: six representatives for Palm Beach County; two members appointed by Martin County; two members appointed by St. Lucie County; one member appointed by Indian River County; and one member appointed by Okeechobee County. The appointees must be representatives of health care providers, health care purchasers, and non-governmental health care consumers, not to exclude elected government officials. On December 4, 2012, a memo was circulated to the BCC requesting nominations. Countywide (TKF)
3. Staff recommends
motion to approve: the appointment of the James S. Titcomb to the
Workforce Alliance, Inc. (Alliance) Board of Directors for the period January
15, 2013, through January 14, 2016:
Nominee/ Appointment |
Seat No. |
Term |
Area of Representation |
Nominated By |
James S. Titcomb |
7 |
1/15/13 - 1/14/16 |
Private Sector |
Chamber of Commerce of
the Palm Beaches |
SUMMARY: The membership of
Workforce Alliance, Inc. (Alliance) conforms to the requirements of the
Workforce Investment Act of 1998, and the Workforce Innovation Act of
2000. Policy for this item is defined in
R2007-1220 Agreement between Palm Beach County, Florida (County) and Alliance
dated July 10, 2007. Per this Agreement, seventeen private sector member
appointments shall be made by County. The Workforce
Investment Act of 1998 requests that an emphasis be placed on CEO’s or highest
level of management positions for both community and business sector
appointments. The Alliance Board of Directors is comprised of a minimum of forty
members as determined from time to time by the Board of Directors with
representatives of business in the local area who are owners of businesses,
local educational entities, labor organizations, community-based organizations,
economic development agencies, one-stop partners. Countywide (TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
A. ADMINISTRATION
(Cont’d)
4. Staff recommends
motion to approve: reappointment/appointment of the following individuals
to the Treasure Coast Regional Planning Council’s Comprehensive Economic
Development Strategy (CEDS) Committee, for the term January 1, 2013 to December
31, 2013:
Reappoint:
Sherry Howard, Deputy Director, Palm Beach
County Dept. of Economic Sustainability
Gary Hines, Sr. Vice President, Business
Development Board of Palm Beach County, Inc.
Tony T. Brown, Executive Director, Riviera
Beach Community Redevelopment Agency
Appoint:
Artice “Art” Cobb, Jr., retired
Douglas Saenz,
Director, Industry & Economic Relations, Workforce Alliance, Inc.
Summary: The Treasure Coast
Regional Planning Council (TCRPC) manages and maintains the CEDS Committee
whose purpose is to oversee and guide District-wide economic development
planning. The Treasure Coast Economic
Development District is comprised of Palm Beach, Martin, St. Lucie and Indian
River Counties. The CEDS Committee is a
requirement of the U.S. Department of Commerce Economic Development
Administration and is comprised of five appointees from each of the
participating Counties. The TCRPC annually requests the Board of County
Commissioners, as the appointing authority for Palm Beach County, to review its
existing members, and to either appoint or reappoint members. Staff recommends the reappointment/appointment
of the above five individuals. Mr. Hines of the Business Development Board and
Mr. Saenz of the Workforce Alliance have disclosed that their respective
employers have existing contracts with the County. Staff has evaluated these contractual relationships
and determined that the above Committee provides no regulation, oversight,
management or policy-setting recommendations regarding any of the disclosed
contractual relationships. Disclosure of
these contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Section 2-443, of the Palm Beach
County Code of Ethics. (DES Administration) Countywide (DW)
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners= meetings:
Meeting Type Meeting Date
Child Care November 20, 2012
Final November 20, 2012
Regular November 20, 2012
Reorganizational November 20, 2012
Regular December 4, 2012
Zoning December 5, 2012
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller=s Office.
Countywide
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER (Cont’d)
4. Staff recommends
motion to receive and file: change orders, work task orders, minor
contracts, final payments and other items approved by the Contract Review
Committee and by the department heads for the Engineering Department;
Facilities Development and Operations Department; Water Utilities Department;
Environmental Resources Management Department; and the Department of Airports
during August and September 2012. Countywide
5. Staff recommends
motion to approve: the Bond of re-elected Sheriff, Ric L. Bradshaw;
Clerk & Comptroller, Sharon R. Brock; Supervisor of Elections, Susan
Bucher; Tax Collector, Anne M. Gannon; and Property Appraiser, Gary R.
Nikolits. SUMMARY: Following
the election, newly elected or re-elected officials must secure bonding for
presentation to the Board of County Commissioners for approval pursuant to
Ordinance No. 98-51. Payment for the costs of bond premiums is paid out of the
County’s General Revenue Fund pursuant to Chapter 113.07(4), F.S. Countywide
(PFK)
6. Staff recommends
motion to:
A) receive
and file the Report of County Officials Bonds dated January 2013; and
B) identify
all bonds described in the Bond Report as sufficient pursuant to Section
2-140, of the County Code.
SUMMARY: Section
2-140 of the County Code sets various bond amounts for specified County
officers and provides for examination of the sufficiency of all of the bonds at
a regular meeting of the Board of County Commissioners in January and June of
each year. Countywide (PFK)
7. REVISED SUMMARY: Staff
recommends motion to receive and file: Annual financial reports, excess
fees and unexpended budget for Fiscal
Year 2010/2011 & Fiscal Year 2011/2012, for the Clerk &
Comptroller, Tax Collector, and Property Appraiser. SUMMARY: The
financial reports of these Constitutional Officers were submitted to the Office
of the Clerk & Comptroller on or before October 31, 2012, in accordance
with F.S. 218.36. The amounts shown for
the Tax Collector and the Property Appraiser represent the total payment to the
County. A portion of these revenues are
budgeted in the Library, Fire-Rescue, and various other special revenue funds (Budget
Estimates based on Palm Beach County Fiscal Year Annual Budget documents). The
amounts shown as additional/decrease in excess fees will be included in the
adjustment for additional balances brought forward which will be brought to the
Board of County Commissioners in March 2013. The adjustments for FY 2011
were approved by the Board of County Commissioners March 20, 2012. Countywide
(PFK)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends motion to receive and file: an Agreement with Leftwich Consulting Engineers, Inc., in the amount of $32,504.94, for professional services for long range transportation planning services for the Glades Region Master Plan Highway Network Reevaluation project. This Agreement was approved on October 31, 2012, by the County Engineer, as a delegated authority in accordance with the Purchasing Code. SUMMARY: On November 21, 2011, the United States Department of Housing and Urban Development (HUD) announced that Palm Beach County (County), through its Department of Economic Sustainability, was selected to receive $1.98 million from the Sustainable Competitive Regional Planning and Communities Challenge Competitive Grant (Grant) for the creation of a Glades Region Master Plan. One of the deliverables required by HUD under the approved Grant includes a re-evaluation of Glades Area Highway Network as shown in the County’s Comprehensive Plan to reflect the most up-to-date land use and socio-economic data. District 6 (MRE)
2. DELETED
3. Staff recommends motion to approve: the renewal of the Survey and Mapping annual agreements with Brown & Phillips, Inc. (B&P), whose original agreement was dated February 15, 2011, R2011-0176 and Dennis J. Leavy & Associates, Inc. (DJL), whose original agreement was dated February 15, 2011, R2011-0177. SUMMARY: Approval of these renewal agreements will extend required professional services for one year, on a work task order basis. Both renewal agreements will continue for the period from February 15, 2013, through February 14, 2014. These are the second and final renewals of two possible one year renewals contemplated in the original agreements. B&P and DJL are both Palm Beach County companies and are certified Small Business Enterprises. Countywide (MRE)
4. Staff recommends motion to approve: the renewal of the Structural Engineering annual agreements with Alan Gerwig & Associates, Inc. (AGA), whose original agreement was dated February 15, 2011, R2011-0173; Bridge Design Associates (BDA), whose original agreement was dated February 15, 2011, R2011-0174; and R.J. Behar & Company, Inc. (RJB), whose original agreement was dated February 15, 2011, R2011-0175. SUMMARY: Approval of these renewal agreements will extend required professional services for one year, on a work task order basis. These renewal agreements will continue for the period from February 15, 2013, through February 14, 2014. These are the second and final renewals of two possible one year renewals contemplated in the original agreements. AGA, BDA and RJB are Palm Beach County companies and are certified Small Business Enterprises. Countywide (MRE)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends motion to approve: a Contract for Professional Legal Services between Palm Beach County and Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A. for defense of an appeal in the case of Nicastro v. Palm Beach County Board of County Commissioners, et al., Case No. 1D12-5658, with a cap of $15,000 in attorneys’ fees and $2,500 in costs and expenses. SUMMARY: Former County employee, Frank Nicastro, has long been in litigation with the County over his Workers’ Compensation claims. Recent activity in the litigation has involved the costs associated with Nicastro’s attendant care, his guardianship, and related attorneys’ fees, among other matters. The County has prevailed so far, and Nicastro and his attorneys have filed four appeals. The County Attorney exercised the limits of her authority under the Administrative Code and executed a Contract for Professional Legal Services between the County and Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Shefer, P.A., to handle the first three appeals. A recently filed fourth appeal requires Board approval, and the proposed contract provides for handling the appeal in an amount not to exceed $15,000 in attorneys’ fees and $2,500 in costs and expenses. Countywide (AJM)
E. COMMUNITY SERVICES
1. DELETED: Staff recommends motion to
approve:
A) Contract for Provision of Services with
Governor’s Council for Community Health Partnerships, Inc. for the period
February 1, 2013, through September 30, 2013, in an amount not to exceed
$442,979 for Summer Camp Scholarships; and
B) Budget Transfer of $8,750 in the General Fund
from Human Services Admin to Financially Assisted Agencies to fund the
administrative cost associated with delivering the program.
SUMMARY: The Summer Camp Scholarship Program pays full tuition and associated fees for
eligible children to attend day camp during the summer months. Palm Beach County Board of County
Commissioners has allocated $434,229 for this fiscal year to fund summer camp
scholarships for eligible children. An additional $8,750 is being provided from
the Human Services Division budget for administrative costs. Governor’s Council for Community Health Partnerships,
Inc. (GCCHP) receives these funds, which are matched by Children’s Services
Council of Palm Beach County, in addition to other grants and private
donations. Combined, these funds result
in the ability to provide 1,400 scholarships to Palm Beach County children to
attend over 75 camps. GCCHP processes
payments to the specific summer camp vendors based on invoices received from
the Human Services Division. GCCHP
maintains financial records, reports of payments and receipts for summer camp
funding which is audited annually. (Human Services) Countywide (TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
2. Staff recommends
motion to approve:
A) Amendments to
Contracts for Provision of Financial Assistance with the below-listed agencies
for the period October 1, 2012, through September 30, 2013, in an amount
totaling $592,985:
1) Amendment No. 01 to Adopt-A-Family of the Palm Beaches, Inc.
(R2011-1498), increasing funding by $38,812 for a new total not to exceed
amount of $77,624;
2) Amendment No. 01 to Seagull Industries for the Disabled, Inc.
(R2011-1770), increasing funding by $268,901 for a new total not to exceed
amount of $537,802;
3) Amendment No. 01 to The Glades Initiative, Inc. (R2011-1774),
increasing funding by $145,530 for a new total not to exceed amount of
$291,060; and
4) Amendment No. 01 to Wayside House, Inc. (R2011-1889), increasing
funding by $139,742 for a new total not to exceed amount of $279,484.
B) Contracts for Provision of Financial
Assistance with the below-listed agencies in an amount totaling $274,254:
1) Palm Beach County Food Bank, Inc. for the period October 1, 2012,
through September 30, 2013, in an amount not to exceed $75,000 for food distribution;
and
2) For the Children, Inc. for the period December 1, 2012, through
September 30, 2013, in an amount not to exceed $199,254 for Family, Youth and
Health Zone.
SUMMARY: The information
submitted reflects part of the total $12,220,011 funding approved by the Board
of County Commissioners for the Financially Assisted Agencies Program for FY
2013. Other contracts will be
forthcoming upon receipt of all the required information. Countywide (TKF)
3. Staff recommends
motion to approve:
Contract for Consulting/Professional Services with Palm Beach County Health
Department for the period January 1, 2013, through September 30, 2013, in an
amount not to exceed $10,000 to provide dental services for children and
pregnant women in the Head Start Program. SUMMARY: The Division of Head Start has received funds from the
Department of Health and Human Services to provide dental services. As a result, Head Start is contracting with
the Palm Beach County Health Department to provide dental health services for
children and pregnant women in the Head Start/Early
Head Start programs. Services are
funded with $6,854 in Federal funds, and $3,146 in County matching funds. Sufficient County funding is available in the
current budget to meet County obligations. (Head Start) Countywide (TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
4. Staff recommends
motion to:
A) receive
and file Notice of grant award from the Department of Health and Human Services,
for the period March 1, 2012, through February 28, 2013, in an amount not to
exceed $9,185,596;
B)
approve
Budget Amendment of $131,049 in the Ryan White Care Program fund to align the
budget to the actual grant award;
C) receive
and file Amendments to Ryan White Part A HIV Health Support Services (Formula and
Supplemental) contracts with the below-listed agencies for the period March 1,
2012, through February 28, 2013, in an amount totaling $241,548:
1) Amendment
No. 4 to FoundCare, Inc. (Formula, R2012-0599), increasing funding by $119,700
for a new total not to exceed amount of $706,198;
2) Amendment
No. 1 to FoundCare, Inc. (Supplemental, R2012-0816), increasing funding by
$16,898 for a new total not to exceed amount of $109,692;
3) Amendment
No. 1 to Comprehensive AIDS Program of Palm Beach County, Inc. (Supplemental, R2012-0814),
increasing funding by $100,000 for a new total not to exceed amount of
$654,635; and
4) Amendment No. 3 to Treasure Coast Health Council, Inc. d/b/a
Health Council of Southeast Florida (Formula, R2012-0487), increasing funding
by $4,950 for a new total not to exceed amount of $487,950.
SUMMARY: A notice of grant award was received from the
Health and Human Services Health Resources Services Administration issuing
additional funding in the amount of $131,049 from unobligated Formula and
Minority AIDS Initiative (MAI) funding from grant year 2011. The total grant award for grant year 2012 now
totals $9,185,596. Ryan White HIV Health
Support service dollars are reviewed throughout the contract year and
reallocated to best meet the needs of affected clients. These amendments are
reallocated dollars from unspent funds from Palm Beach County Health
Department. These funds will
allow our system of care to provide additional medical and support services to
Palm Beach County residents living with HIV/AIDS. The
balance of the funding will be reallocated at a later date. No County match funds are
required. These receive and file items
are being submitted in accordance with Countywide PPM No. CW-O-051
to allow the Clerk’s Office to note and receive these items. Amendments were executed by the County
Administrator in accordance with Resolution R2010-1074, which delegated
authority to the County Administrator, or his designee, to sign documents
related to the Ryan White Part A HIV Emergency Relief
Grant. (Ryan White) Countywide
(TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
5. Staff recommends
motion to:
A) ratify the
signature of the Chairman on:
1) the U.S. Department of Housing and
Urban Development Renewal Application for the Supportive Housing Program, for
the period of January 1, 2014, through December 31, 2014, in the amount of $
530,175;
2) the U.S. Department of Housing and
Urban Development Shelter Plus Care Renewal Application, for the period of May
23, 2013, through May 22, 2014, in the amount of $396,088; and
3) the U.S. Department of Housing and
Urban Development Collaborative Planning Application, for a one-year period
beginning on the date of grant execution, in the amount of $85,195; and
B) delegate authority to the County
Administrator, or his designee to sign the U.S. Department of Housing and Urban
Development (HUD) Supportive Housing Program, Shelter Plus Care and
Collaborative Planning grant agreements;
C)
delegate authority to
the County Administrator, or his designee to sign the contracts for the HUD
Supportive Housing Program with Gulfstream Goodwill Industries, Inc., Jerome
Golden Center for Behavioral Health, Inc., and Comprehensive Alcoholism
Rehabilitation Program, Inc. (CARP, Inc.), for no more than a one-year period
to end December 31, 2014, for the maximum cumulative amount of $530,175;
D)
delegate authority to
the County Administrator, or his designee to sign the contract for the HUD
Shelter Plus Care Program with Jerome Golden Center for Behavioral Health,
Inc., for no more than a one-year period to end May 22, 2014, for the final
amount approved in the 2012 HUD Shelter Plus Care grant agreement; and
E)
delegate
authority to the County Administrator, or his designee to sign the contract for
the HUD Collaborative Planning grant for a one year period for the maximum
amount of $85,195.
SUMMARY: The Supportive Housing Program (SHP)
will continue funding 30 transitional housing beds and supportive services,
including specialized Case Management for the Homeless Outreach Teams (HOT). A
25%cash match of $85,736 is required. This match will be included in the FY
2014 budget. The Shelter Plus Care (S+C) Renewal Grant provides sponsor based rental
assistance for 32 disabled individuals. There is no county cash match
requirement for this grant, but an in-kind match is provided by the partner
agency, Jerome Golden Center for Behavioral Health, Inc., in the form of
supportive services. The CoC Planning Application will provide funding for the
coordination of planning activities related to ending homelessness. A 25% cash
match of $17,039 is required. Match
funds of $91,240 are currently appropriated in the Division budget. An additional $11,535 in matching funds will
be required for the CoC Planning Application if awarded. A new position has
been requested in the grant and Board approval will be sought following grant
award. Thomas McKissack of the Jerome Golden Center for Behavioral Health, Inc.
serves on a County Advisory Board, the Palm Beach County HIV Care Council. This
Board provides no regulation, oversight, management, or policy-setting
recommendations regarding the activities funded by their contracts. Disclosure
of these contractual relationships at a duly noticed public meeting is being
provided in accordance with the provisions of Sect. 2-443, of the Palm Beach
County Code of Ethics. (Human Services) Countywide (TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(Cont’d)
6. Staff recommends
motion to authorize:
County Staff to negotiate all necessary agreements related to the implementation of Florida’s Agency for Health Care
Administration (AHCA) new plan to
provide services to Medicaid recipients
under Medicaid’s Long-Term Care Managed Care Program (LTMCP). SUMMARY: Approval of this
item will authorize staff to negotiate agreements with two (2) to four (4)
Medicaid managed care providers selected by ACHA. The agreements, upon Board approval, will
allow DOSS to continue to provide services to Medicaid recipients and to
receive payments under the new LTMCP. Revenue received under this program is
approximately $379,000 annually. Countywide (TKF)
F. AIRPORTS
1. Staff recommends
motion to receive and file: an Extension of Time to
the following Joint Participation Agreement (JPA) with the Florida Department
of Transportation (FDOT): Concourse C Security Improvements at Palm Beach
International Airport, Fin. Proj. No.: 429348-1-94-01 approved by the Board on
March 15, 2011 (R2011-0367), is hereby extended until September 30, 2013. SUMMARY:
Delegation of authority for execution of the above Extension of Time
to the JPA with the FDOT was approved by the Board on October 18, 2011 (Agenda
Item No. 3F11). Countywide (AH)
2. Staff recommends
motion to receive and file: Amendment
to Extend Airline-Airport Use and Lease Agreement with JetBlue Airways
Corporation to extend the termination date of the Agreement for two (2)
additional years to expire on September 30, 2014. SUMMARY:
Delegation of authority for execution of the standard County agreement above was
approved by the Board of County Commissioners in R2012-0823. Countywide (AH)
3. Staff recommends
motion to receive and file: Palm
Beach County Glades Airport Drop Zone Permit with Extreme Skydiving Inc. d/b/a
Skydive Lakeside commencing November 1, 2012, terminating October 31, 2013,
automatically renewed on yearly basis (November 1st through October
31st). SUMMARY: Delegation of authority for execution of the
standard County agreement above was approved by the Board of County
Commissioners in R2004-0891. Countywide (AH)
4. Staff recommends
motion to receive and file: License Agreement with Centerport, Inc. (Centerport)
commencing January 1, 2013 and expiring December 31, 2013, for the parking of
trailers and vehicles in connection with Centerport’s cargo operation at the
Palm Beach International Airport (PBIA), for payment of a license fee in the
amount of $162.50 per month. SUMMARY: Delegation of authority for execution of the
standard license agreement was approved by the Board in R2007-2070. This
License Agreement provides for the use of approximately 3,000 square feet space
adjacent to the flight crew parking lot areas at PBIA, for use solely for the
parking of trailers and vehicles in connection with Centerport’s cargo
operation at PBIA. Centerport is a
tenant at Building 1300 and previously held a similar License Agreement that
expired December 31, 2012 (R2012-0058). Countywide (AH)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(Cont’d)
5. Staff recommends
motion to receive and file: License
Agreement with Bullet Delivery of WPB, Inc. (Bullet) for the use and occupancy
of space at 1310-A North Perimeter Road, at the Palm Beach International
Airport (PBIA), for an initial term commencing November 19, 2012 and expiring
December 31, 2012, automatically renewing on monthly basis, for payment of a
license fee in the amount of $2,166 for the initial term and $1,585 per month
for each renewal term. SUMMARY: Delegation
of authority for execution of the standard license agreement was approved by
the Board in R2007-2070. This License Agreement provides for the use of
approximately 2,236 square feet space within the PBIA cargo building 1300, Unit
1310-A, for use solely for the storage of materials and equipment in connection
with Bullet’s cargo operation at PBIA.
Bullet is a cargo tenant at Unit 1309 and previously held a similar
License Agreement for storage at Unit 1310 until such time as this space at
Unit 1310-A became available for use. Countywide
(AH)
6. Staff recommends
motion to receive and file:
Airline-Airport Use and Lease Agreement with United Air Lines, Inc. commencing
October 1, 2012 and terminating September 30, 2014. SUMMARY: Delegation of
authority for execution of the standard County agreement above was approved by
the Board of County Commissioners in R2012-0823. Countywide (AH)
7. Staff recommends
motion to receive and file: License
Agreement with Avis Rent A Car System, LLC (Avis) commencing November 27, 2012
and expiring May 31, 2013, for the parking of vehicles in connection with Avis’
rental car operation at the Palm Beach International Airport (PBIA), for
payment of a license fee in the amount of $550 per month, for each 10,000
square feet of overflow parking area used. SUMMARY: Delegation of authority for execution of the
standard license agreement was approved by the Board in R2007-2070. This License Agreement provides for the use
of a variable amount of parking area adjacent to the Avis rental car facility
at PBIA, for use solely for the parking of vehicles in connection with Avis’
rental car operation at PBIA. Because
Avis has variable overflow parking needs, the License Agreement provides for
adjustment of both the dates and size of the area utilized, for which Avis will
pay the license fee. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: a negotiated settlement in the amount of $350,000,
inclusive of interest, to resolve the 2009-2011 County public service gas tax dispute with AmeriGas Propane, L.P. (AmeriGas). SUMMARY: The
Clerk & Comptroller’s Audit Services Unit conducted an audit of AmeriGas
Propane, L.P.’s public service gas tax remittances to Palm Beach County for the
period of January 2009 through December 2011. After reviewing the data the
County demanded $430,169.88, inclusive of accrued interest. AmeriGas has offered $350,000 to resolve the
outstanding public service tax dispute with the County. Staff recommends
approval as this settlement recovers approximately 81.36% of the County’s final
demand for the years 2009-2011 without the delay and cost of litigation. Countywide
(PFK)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends
motion to approve:
Change Order No. 13 to the contract with The Weitz Company (R2007-1105)
decreasing the Guaranteed Maximum Price (GMP) for the Main Library Renovations
project in the amount of $216,991. SUMMARY:
On December 21, 2010, the Board approved Amendment No. 7 to the continuing
services contract with The Weitz Company (R2010-2094) in the amount of
$2,506,101 for construction management services to renovate the existing
library. There is $216,991 remaining as
a result of buyout savings, unused allowances, unused owner contingency and
reconciliation of sales tax recovery purchase orders. The amendment was
funded through the 30.5M GO 03 Library District Improvement Fund, 22.3M GO 06
Library District Improvement Fund and the Library Expansion Fund. All savings will be returned to the 30.5M GO
03 Library District Improvement Fund and the Library Expansion Program Fund. The Small Business Enterprise (SBE) goal for
this contract is 15% and the final SBE participation is 38%. The Weitz Company
is a Palm Beach County firm. (Capital Improvements Division) Countywide
(JM)
2. Staff recommends
motion to approve:
Amendment No. 1 to the contracts for architectural services on a continuing
contract basis:
1) Colomé & Associates, Inc.
(R2011-0113);
2) Leo A. Daly (R2011-0112); and
3) Tercilla, Courtemanche Architects, Inc. (R2011-0122).
SUMMARY: Amendments
No. 1 extend the term of three contracts for professional consulting services
for architectural services for one year.
The Board approved annual contracts on February 1, 2011. The original Contracts provided for an
initial two year term with two - one year renewal options. Amendment No. 1 will provide services during
the first renewal period. Colome¢ & Associates, Inc. and Tercilla,
Courtemanche Architects, Inc. are both SBE firms. During the first two years of
these contracts, Colome¢ & Associates, Inc. has achieved 83% Small Business Enterprise (SBE)
participation, Leo A. Daly Company has achieved 24%, and Tercilla, Courtemanche
Architects, Inc.’s SBE participation is 0% as they have not done any work under
this contract. The Small Business
Enterprise goal for these contracts is 15% participation. All three of these
firms are local. (Capital Improvements
Division) Countywide (JM)
3. Staff recommends
motion to approve:
a Contract with CAM Group, LLC in the amount of $318,211 to replace the
existing roof system at the West
Jupiter Community Center. SUMMARY: The work consists of the removal
of the existing metal roof system and replacement with a new standing seam
metal roofing system. The replacement of
the roof is required due to the increasing quantity of leaks during the past
few years which have become an expensive maintenance problem. The replacement
roof has been designed to meet current wind requirements and will have a twenty
year warranty. The funding for this
project is from the five year Countywide Repair, Replace and Renovate account.
This work was competitively bid with CAM Group, LLC submitting the lowest
responsive, responsible bid. The SBE
participation in this Contract is 0%.
The total construction duration is 90 days. This replacement is a scheduled maintenance
replacement project. CAM Group, LLC is not a certified SBE contractor and is a
Martin County company. (Capital Improvements Division) District 1 (JM)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to approve: a First Amendment to Lease Agreement dated October
2, 2012 (R2012-1385) with Delray Beach Playhouse, Inc., a Florida
not-for-profit corporation, to delete the requirement to obtain flood
insurance. SUMMARY: Delray Beach Playhouse, Inc (“Playhouse”)
originally developed and has continually operated the theatrical playhouse in
Lake Ida Park East since January 1, 1957.
On October 2, 2012, the Board approved a replacement Lease Agreement
with Playhouse extending the term for five years. After approval of the Lease, Playhouse
requested the flood insurance requirement be deleted due to the high cost of
obtaining the coverage. This First
Amendment will delete the requirement for flood insurance and add standard language
confirming that the Lease does not create any third party beneficiaries. The Parks and Recreation and Risk Management
Departments support this request. (PREM) District 4 (HJF)
5. Staff recommends
motion to approve: Exercise of the first option to extend the Lease
Agreement (R2007-1590) with Walter J. Hatcher and Joyce B. Hatcher of 6.54
acres of property off Indiantown Road just west of Riverbend Park. SUMMARY: Walter J. Hatcher and Joyce B.
Hatcher sold 84 acres of property to the County in February of 2008. The
property is just west of Riverbend Park, and across Indiantown Road from the
Cypress Creek Natural Area. The County acquired this property in a partnership
with the Solid Waste Authority. Its location and physical characteristics make
it ideal for wetland habitat and water quality restoration.
ERM and the SWA designed the restoration project to include dredged lakes which
would provide SWA with needed fill, and would tie into Riverbend Park. As a
condition of the sale, the Hatchers are allowed to remain in possession of 6.54
acres of the property which includes their house until such time that ERM was
ready to commence development of the restoration project The Lease to the Hatchers was for five
years with two - one year extension options subject to Board approval. The
Hatchers have requested the County’s approval of the first extension option
which will extend the term through February 13, 2014. (PREM) District 1 (HJF)
6. Staff recommends
motion to approve: appointment of two (2) members to the Public Art
Committee for a three (3) year term:
Member |
Public Art Committee Seat |
Term |
Vernon Grant |
PBC resident with
significant visual art background |
1/15/2013 - 1/14/2016 |
Leslie Albert |
PBC resident with
significant visual art background |
1/15/2013 - 1/14/2016 |
SUMMARY: Two Committee seats became vacant; both for
“PBC residents with significant visual art background.” The Committee recommends that Vernon Grant
and Leslie Albert replace these seats previously filled by Joan Goldberg and
Dorotha Lemeh. The term for both new Committee members will be for three years
from the date of their appointment, thus ending on January 14, 2016. (FDO
Admin) Countywide (MJ)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to approve: reimbursement to the Town of Mangonia Park for the
Community Center renovation project in the amount of $6,944.81. Summary: On December 7, 2010, the Town of Mangonia Park
(Town) entered into an Agreement (R2010-2006) with the Board of County
Commissioners for the receipt of $81,107 in Community Development Block Grant
Funds (CDBG). The Agreement expired on
July 31, 2012. After completion of the project and expiration of the Agreement,
the contractor Browning & Becker Construction, Inc., discovered a
mathematical error in the calculation of the retainage due the contractor at
the end of the project. The Town has
made the payment to the contractor and is requesting reimbursement of
$6,944.81, which is the available balance remaining in the grant. Reimbursement of this amount will fully
expend the grant awarded to the Town for this project. Approval of this Agenda Item will reimburse
the Town for expenses already incurred in connection with the completion of
renovations at its Community Center located at 5000 South Australian Avenue,
Mangonia Park. These are Federal CDBG
funds which require no local match. (CREIS) District 7 (TKF)
2. Staff recommends
motion to approve: the following three (3) Agreements with the U.S.
Department of Housing and Urban Development (HUD) for Fiscal Year 2012-2013:
A) Funding Approval/Agreement for the Community Development Block Grant
(CDBG) Program in the amount of $5,393,765;
B) Funding Approval and HOME Investment Partnerships Agreement for the HOME
Investment Partnerships (HOME) Program in the amount of $1,592,579; and
C) Grant Agreement for the Emergency Solutions Grant (ESG) Program in the
amount of $531,619.
Summary: On July 10, 2012,
the Board of County Commissioners adopted a Resolution (R2012-0943) approving
the County’s Fiscal Year 2012-2013 HUD Action Plan. This Plan established the County’s priorities
for implementation of the CDBG, HOME, and ESG Programs. HUD approved the Action Plan and requires
approval of these Agreements which will make Federal funds totaling $7,517,963
available to the County. No local
match is required to implement the CDBG Program; however, the ESG and HOME
programs have matching requirements. The
ESG Program matching requirement is met through a cash or in-kind contribution
by each agency receiving this funding, and the HOME matching requirement will
be met from program income earned under the State Housing Initiatives
Partnership Program. (Strategic Planning Section) Countywide (TKF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY (Cont’d)
3. Staff recommends
motion to ratify: the
County Administrator’s signature on an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for Emergency Solutions Grants (ESG)
Program funding in the amount of $167,529 for the period of July 27, 2012 to
July 27, 2014. Summary: This
Agreement, which was signed by HUD on August 23, 2012 and countersigned by the
County Administrator on September 12, 2012, provides a second allocation of ESG
funding for Fiscal Year 2011-2012. These funds will be used by
Adopt-A-Family of the Palm Beaches to provide rapid re-housing services to
homeless persons and families. The Agreement is being submitted to the Board
of County Commissioners to be ratified. These
are Federal ESG funds which require a match of $167,529 (100%). An in-kind
match will be provided by Adopt-A-Family of the Palm Beaches in the amount of
$154,575 (92%) and the County’s match will be provided by the Department of
Economic Sustainability in the amount of $12,954 (8%). (DES Strategic
Planning) Countywide (TKF)
4. Staff recommends
motion to approve: an Economic Development Incentive Grant Agreement
with ADT, LLC in the amount of $184,000. Summary: On October 16, 2012, the Board of County
Commissioners (BCC) conceptually approved (R2012-1589) a Job Incentive Grant
for ADT, LLC in the amount of $184,000, at which time the BCC also approved a
Budget Transfer and a Budget Amendment for this project. The Agreement memorializes the company’s
commitment to create 120 new jobs over a three year period and retain 260 jobs
both at an average salary of $81,110. The company will be required to provide
an irrevocable Letter of Credit which will be called should the company default
on its commitments under the Agreement. The Regional Economic Model estimates
that ADT, LLC will have a $138 Million impact over a five year period. District
4 (DW)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to approve: A) appointment
of one new member; and B) reappointment
of three members to the Land Development Regulation Advisory Board (LDRAB), for the term from
February 5, 2013, to February 2, 2016:
Nominee Seat
# Seat Requirement Nominated
By
Edward Tedtmann 12 Broker/Realtor Audubon Society
of the Everglades
Nominee Seat
# Seat Requirement Nominated
By
Raymond
Puzzitiello 08
Residential Builder Florida Atlantic Building
Association f/k/a Gold Coast Builders
Terrence Bailey
10 Engineer Florida Engineering Society
Gary
Rayman 14
Land Surveyor Florida
Surveying & Mapping Society
SUMMARY: The Board is comprised of 19 members.
The Unified Land
Development Code (ULDC) provides for seven members appointed by the Board of
County Commissioners (BCC) (one from each Palm Beach County (PBC) Commissioner
as a district appointment) with consideration of expertise in Art.
2.G.3.A.3.b., Qualifications; ten members that are appointed by a majority of
the BCC upon a recommendation by specific organizations: Residential Builder:
Gold Coast Builders; Municipal Representative: PBC League of Cities; Engineer:
Florida Engineering Society; Architect: American Institute of Architects;
Environmentalist: Environmental Organization; Realtor: The PBC Board of
Realtors; Surveyor: Florida Surveying and Mapping Society; Citizen
Representative: Condominium/HOA Association; Commercial Builder: Association
General Contractors of America; and AICP Planner: PBC Planning Congress; and
two members appointed at-large, as alternates, by majority vote of the BCC,
with consideration of the expertise in Art. 2.G.3.A.3.b.,
Qualifications. These appointments/reappointments are consistent with the ULDC
requirements. As required by Section 2-443 of the Code of Ethics, this Agenda
Item Summary will serve as disclosure for Gary Rayman. Gary Rayman’s employer
contracts with Palm Beach County to provide surveying services for the County.
The Land Development Regulation Advisory Board provides no regulation, oversight,
management or policy-setting recommendations regarding this contract. Unincorporated
(LB)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to receive and file: executed Agreements received during the
months of September and October, 2012:
A) Standard Development Agreement with Shirdi Sai Center
of South Florida, Inc, SDA No. 02-01134-000 (District 3);
B) Standard Development Agreement with BHC Holdings LL,
LLC, SDA No. 05-01111-000 (District 5); and
C) Utility Concurrency Reservation Agreement with Florida
South Division, LLC, UCRA No. 13-01024-000 (District 6).
Summary: In accordance with County PPM CW-0-051, all delegated contracts/agreements/grants/procurement
items must be submitted by the initiating Department as a
receive and file agenda item. The
documents have been fully executed on behalf of the Board of County
Commissioners (Board) by the County Administrator/Director/Deputy Director of
the Water Utilities Department in accordance with Resolutions R93-1619,
R96-0228, and R2003-0539 and are now being submitted to the Board to receive
and file. Districts 3, 5 & 6 (MJ)
2. Staff recommends
motion to approve: Contract with Hinterland Group, Inc. for the Rehabilitation of Sanitary Sewer
Concrete Structures and Lift Stations, Water Utilities Department, Division of
Operations/Maintenance, over a 12 month term in a budgeted amount not
to exceed $419,578 with an option to renew for four additional twelve month
terms. Summary: On January 12, 2012, five bids were received for the Rehabilitation of
Sanitary Sewer Concrete Structures and Lift Stations with Hinterland Group,
Inc. being the lowest, responsive, responsible bidder in the amount of
$419,578. This Contract will be used to rehabilitate and maintain existing lift stations and concrete
structures. Contract award is for a twelve month term with an option to
renew for four additional twelve month terms.
The Contract is for a not to exceed budgeted amount of $419,578. Work
will be assigned during the twelve month contract
period by formal Construction Delivery Orders (KDOs) drawn against this
continuing contract. The unit prices
contained in this Contract will be used in determining the cost of each KDO. In
accordance to the SBE Ordinance Section 2-80.21 - 2-80.34 of the Palm Beach
County Code, the Small Business
Enterprise (SBE) participation goal established is 15% overall. Hinterland
Group, Inc. proposes to meet the established goal of 15% as per the commitment
statement. Hinterland Group, Inc. is a local Palm Beach County company. T.V. Diversified, Inc., the second lowest
bidder, filed a bid protest on the grounds that Hinterland's bid should be
deemed non-responsive on the basis that Hinterland's bid was based upon the use
of a product which was not listed on the County's Minimum Construction and
Engineering Standards as of the date the bids were due to be submitted and
opened by the County. In accordance with
the County Purchasing Ordinance, the protest was heard by a Special
Master. The Protest Hearing occurred on
October 26, 2012, with the Special Master recommending the bid protest be
denied. (Bid No. WUD 12-001/VMG) Districts 2, 3, 5 &
6 (JM)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(Cont’d)
3. Staff recommends
motion to approve: a First
Amendment to Potable Water and Wastewater Development Agreement (Amendment) with
HTG Palm Beach II, LLC. Summary: HTG
Palm Beach II, LLC owns property located on Melaleuca Lane, west of Haverhill
Road. In order to provide potable water and wastewater concurrency reservations
for new developments, the Water Utilities Department (WUD) requires property
owners to enter into a formal development agreement with WUD. Pine Run Developers, LLC entered into a
Standard Development Agreement (Agreement) on May 3, 2004. HTG Palm Beach II, LLC
was assigned the Agreement, via an Indemnity Agreement on November 28, 2012.
Subsequent to assuming the Agreement, HTG Palm Beach II, LLC requested the
option of remitting all associated fees prior to request for service
initiation, in order to satisfy certain loan timing requirements. The Amendment provides this option. Under the terms of the Amendment, remittal of
payment prior to service initiation does not exempt HTG Palm Beach II, LLC from any subsequent fee changes, and HTG Palm Beach
II, LLC is still responsible for remitting the full amount of associated fees
existing as of the time of service initiation. District 2 (MJ)
4. DELETED: Staff
recommends motion to approve:
A) Work Authorization No. 7 for design, permitting, and
construction of the Southern Region Water Reclamation Facility (SRWRF) Solar
Energy Project with CDM Constructors, Inc. in the amount of $924,967;
B) Budget Amendment of $50,000
decreasing the Water Utilities Capital Improvement Fund (4011);
C) Budget Transfer of $50,000 in the
Water Utilities Revenue Fund (4000) to establish a transfer to Department of
Economic Sustainability (DES);
D) Budget Amendment of $50,000
increasing the DES Disaster Recovery Initiative Fund (1106) for cost associated
with staffing and administration grant fund projects;
E) Budget Transfer of $450,000 in the
Energy Efficiency & Conservation Block Grant Fund (1541) to budget for the
amount awarded to WUD by DES; and
F) Budget Amendment of $450,000
increasing the Energy Efficiency & Conservation Block Grant-(EECBG)-Capital
Fund (3903) to establish budget for additional funds.
Summary: On June 8, 2010, the Palm Beach County
Board of County Commissioners approved the Water Utilities Department (WUD) Design/Build Services Contract with CDM
Constructors, Inc. (R2010-0909). Work Authorization No. 7 will include
new solar panels and ancillary support systems at the SRWRF. The Solar Energy
Project will generate 125 kW, or
approximately 2% of SRWRF’s electricity from solar energy. The project is
partially funded by the United States Department of Energy’s Energy
Efficiency and Conservation Block Grant Program Assistance Agreement in the
amount of $450,000. The Small Business Enterprise (SBE) participation goal
established by the SBE Ordinance (R2002-0064) is 15% overall. The contract with
CDM Constructors, Inc. provides
for SBE participation of 31% overall. This Authorization includes 20.86%
overall participation. The cumulative SBE participation, including this Work Authorization,
is 28.77% overall. CDM Constructors, Inc. is a local Palm
Beach County company. The Budget Amendment allows for a
one-time transfer of funds to be used by DES for costs associated with the
staffing and administration of the Solar Energy and Biogas projects. DES
is responsible for administration of these projects through the
Department of Energy. (WUD Project No. 09-030) District 5 (JM)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to receive and file: one original document for the Department of
Environmental Resources Management:
Contract with
Industrial Divers Corp. Inc., in the amount of $61,344, for the installation
and first year’s maintenance of 28 mooring buoys and 38 anchor pins at several
locations in Palm Beach County (Mooring Buoys Project No. 2012ERM03).
SUMMARY: Section 2-53 of the Palm Beach County Code delegates authority to the
Director of Environmental Resources Management (ERM) to execute construction
contracts under $200,000. There is no Small Business Enterprise (SBE)
participation on this Contract. ERM may
extend the Contract two additional years for buoy and anchor maintenance for
$31,920 with a potential three-year Contract amount of $93,264. The Contract is
funded by a $45,180 Florida Boating Improvement Program Grant (R2012-0500) from
the Florida Fish and Wildlife Conservation Commission, and vessel registration
fees (R2012-0501). Districts 1, 4 & 7 (JM)
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: executed Independent Contractor Agreement
received during the month of October:
Patricia Ann
Fisher, Water Aerobics Instructor, Aqua Crest Pool, for the period November 23,
2012, through September 30, 2013 (FISH14237911125303A).
SUMMARY: In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File Agenda Item. This Independent Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 94-422, amended by Resolutions
2002-2103, 2007-0409, and 2012-0168, and is now being submitted to the Board to
receive and file. District 7 (AH)
2. Staff recommends
motion to receive and file: the following
original executed Entertainment Contractor Agreement for a community event:
Seymour Schatzberg, Sy Schatzberg and the
Gold Coast Dance Band concert; Canyon Town Center Amphitheater, on November 17, 2012.
SUMMARY: The Parks and Recreation Department produced a
popular cultural event at our Canyon Town Center Amphitheater. This event was attended by an estimated 230
persons and generated positive support and goodwill for the County. In accordance with
County PPM CW-O-051, all delegated contracts/agreements/grants must be
submitted by the initiating Department as a Receive and File agenda item. The Entertainment Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners (Board) by
the County Administrator/Director/Assistant Director of the Parks and
Recreation Department in accordance with Resolution 2008-1109, amended by
Resolution 2010‑0644, and is now being submitted to the Board to receive
and file. District 5 (AH)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
3. Staff recommends
motion to receive and file: the following original executed Sound and
Light Production Services Contractor Agreement:
City Sound and Recording LLC; Black Friday
Fest concert, Sunset Cove Amphitheater, for the period November 23, 2012,
through November 24, 2012.
SUMMARY: In accordance with County PPM CW-O-051, all delegated contracts/agreements/grants
must be submitted by the initiating Department as a Receive and File agenda
item. The Sound and Light Production
Services Contractor Agreement has been fully executed on behalf of the Board of
County Commissioners (Board) by the County Administrator/Director/Assistant
Director of the Parks and Recreation Department in accordance with Resolution
2009-0592, amended by Resolution 2010‑0645, and is now being submitted to
the Board to receive and file. District
5 (AH)
4. Staff recommends
motion to receive and file: the following original executed Amphitheater Rental Agreements:
A) AEG Live SE, LLC, Sublime with
Rome concert, Sunset Cove Amphitheater, for the period August 31, 2012, through
September 1, 2012; and
B) AEG Live SE, LLC, Matisyahu
concert, Seabreeze Amphitheater, for the period October 27, 2012,
through October 28, 2012.
SUMMARY: In accordance with County PPM
CW-O-051, all delegated contracts/agreements/grants must be submitted by the
initiating Department as a Receive and File agenda item. The Amphitheater Rental Agreements have been
fully executed on behalf of the Board of County Commissioners (Board) by the
County Administrator/Director/Assistant Director of the Parks and Recreation
Department in accordance with Resolution 2011-1960, and are now being submitted
to the Board to receive and file. These
events helped to offer a balanced schedule of events which promote the quality
of life in the communities we serve. An
estimated 5,480 persons attended the events produced under these Amphitheater
Rental Agreements. Districts 1 & 5 (AH)
5. Staff recommends
motion to approve:
A) Budget Transfer of $110,000
within Park Impact Fees Zone 2 from Reserves to the Lake Lytal Park
Improvements Phase 2 project; and
B) Budget Transfer of $100,000
within Park Impact Fees Zone 3 from Reserves to the Caloosa Park
Improvements Phase 2 project.
SUMMARY: These two
budget transfers will provide the funding necessary to purchase and install
shade structures to provide coverage over various bleacher areas at Lake Lytal
Park and Caloosa Park. The
shade structures and associated ADA accessibility compliance requirements will
cost approximately $210,000 for both parks. These budget transfers are
necessary to fully fund these two projects.
Funding for these budget
transfers is from the Park Impact Fees Zone 2 and Park Impact Fees Zone 3
reserve. Districts 2 & 4 (AH)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(Cont’d)
6. Staff recommends
motion to approve: Second
Amendment to Contract, R2010‑2016, with Gordon Andrews for the period
February 1, 2013, through January 31, 2014, in an amount not-to-exceed $106,500
per year for USA Swimming and US Masters Swimming coaching services at the Lake Lytal Family Aquatic Center. SUMMARY:
For the past sixteen years, Gordon Andrews has been the USA Swimming coach
at Lake Lytal Family Aquatic Center. He
has been the US Masters Swimming coach for the past two years. The current Professional Services Contract
will expire on January 31, 2013, with one remaining renewal option available
under this contract. This Amendment exercises the final renewal option with
Gordon Andrews through January 31, 2014, in an amount not-to-exceed
$106,500. This contractor utilizes six
additional coaches in providing this service. District 2 (AH)
7. Staff recommends
motion to approve: a non-standard
Amphitheater Rental Agreement with JM Family Enterprises, Inc., for a company
picnic event on February 2, 2013, at Sunset Cove Amphitheater. SUMMARY: The
Parks and Recreation Department (Department) utilizes a standard Amphitheater
Rental Agreement which is executed at the Department level. However, non-standard Amphitheater Rental
Agreements are sometimes required to satisfy the specific requirement terms of
a given renter. JM Family Enterprises,
Inc. has requested modifications to the approved standard Amphitheater Rental
Agreement language. The modifications
clarify the responsibilities and expectations of the County and JM Family
Enterprises, Inc., for issues such as cancellation and postponement, minimum
and maximum attendance, photography and recording rights, and compliance with
public entity crimes certification.
County net revenues generated from the company picnic event total
$4,450. District 5 (AH)
Q. CRIMINAL JUSTICE
COMMISSION
1. Staff
recommends motion to approve: an Agreement with the University
of South
Florida not to exceed $45,105 to provide technical assistance to and evaluation of
the Palm Beach County Justice, Mental Health Collaboration Project through March 28, 2014. SUMMARY: The University of South Florida is recommended to receive $45,105 of
grant funds to provide technical assistance and evaluation on the project,
specifically, to provide analysis of records and services of people leaving the
jail with substance abuse and/or mental health issues. This Agreement will
provide for analysis of case management records for dually diagnosed offenders
with a preference for custodial parents. The Jerome Golden Center for Behavioral Health Services, Inc. was
selected to provide the services as a not-for-profit community mental health
agency currently serving this population and utilizing the supportive housing
model (R2011-1410 and R2012-1293). Countywide (PGE)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
Q. CRIMINAL JUSTICE
COMMISSION (Cont’d)
2. Staff recommends
motion to:
A) approve an
Agreement to reinstate and amend the original Interlocal Agreement with the Palm Beach County Sheriff’s Office (R2012-0263); and
B) receive
and file Grant Adjustment
Notices revising the budget and extending the expiration date to March 31,
2013.
SUMMARY: Grant funds previously
covered the cost of security at the Juvenile Assessment Center (JAC). The
Department of Juvenile Justice assumed that responsibility beginning September
1, 2012. Remaining Justice Assistance
Grant funds from FY 2012 are being redirected to equipment and capital outlay
to support the JAC once it moves to its permanent location on the Detention
Center campus which is projected to be early 2013. Countywide (PGE)
3. Staff recommends
motion to:
A) receive and file a
Florida Department of Law Enforcement Grant award for $215,801 beginning
October 1, 2012, through September 30, 2013 to fund ex-offender reentry
programs;
B) approve
a Contract for $102,279
with Gulfstream Goodwill Industries, Inc., to provide reentry services to
ex-offenders from October 1, 2012, through September 30, 2013;
C) approve
a Contract for $29,497 with The Lord’s Place, Inc. to provide reentry
services to ex-offenders from October 1, 2012, through September 30, 2013;
D) approve an Interlocal Agreement for $132,634 with
the City of Riviera Beach to provide reentry services to ex-offenders from
October 1, 2012, through September 30, 2013; and
E) approve a Budget Transfer of $8,609 in the Crime Prevention
Fund from reserves to increase the budget for this program.
SUMMARY: Gulfstream Goodwill Inc., The Lord’s Place
and the City of Riviera Beach will provide intensive case management services
to ex-offenders returning to Palm Beach County from the Florida Department of
Corrections and the County Jail. These
agreements are funded through the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program and the Crime Prevention Fund. There is no match requirement for the JAG Program.
Countywide (PGE)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to approve: Pricing Schedule with AT&T Corporation for Long Distance
Services to be provided during the one-year period February 11, 2013, through
February 10, 2014 in the estimated amount of $60,000. SUMMARY: This
Pricing Schedule, known as the “AT&T Business Network Service Pricing
Schedule”, will provide the County with long distance services for a period of
twelve months with four additional one-year options to extend. This Pricing Schedule will be appended to the existing AT&T Master Agreement, No.
133405UA, approved by the Board of County Commissioners on June 30, 2009
(R2009-1055). ISS contracted with the Baller Herbst Law Group of
Washington, D.C., a nationally recognized telecommunications law firm, to
assist with price negotiations and analysis, and to obtain the best possible
pricing and contract terms. This new
Agreement will reduce the contract term from three years to one year and reduce
our ‘minimum annual revenue commitment’ (MARC) from $60,000 to $30,000, a 50%
reduction. This new Pricing Schedule will provide the County flexibility as we
migrate to the new VoIP telephone technology. Countywide (PFK)
2. Staff recommends
motion to:
A) approve the Agreement with the
Early Learning Coalition of Palm Beach County (Coalition) to connect their office to
the Palm Beach County (County) Regional Network at an estimated net first year
revenue of $2,340, for an initial term of one (1) year with automatic one-year
renewals unless notice is given by either party; and
B) authorize the County Administrator
or his designee, ISS Director, to approve and execute Task Orders associated
with these services up to maximum total revenue of $50,000 per Task Order.
SUMMARY: The
Coalition wishes to connect to the County Regional Network in order to receive
broadband Internet access at the stated monthly rates. The County’s
Information Systems Services (ISS) Department will be responsible for providing
Internet access via the County’s connection to the Florida LambdaRail (FLR).
The County will not incur any costs associated with this project other than
staff time involved in planning and managing the project. This Agreement
is similar to existing network service agreements with other non-profit
organizations, municipalities and other public sector organizations. ISS
has received approval from the FLR for the Coalition to be connected to the
Palm Beach County fiber network and gain access to the FLR for either Internet
or transport purposes. District 3 (PFK)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES (Cont’d)
3. Staff recommends
motion to:
A) approve the First Amendment to the
Agreement 2011-1215 with the Loxahatchee River Environmental Control District
(District) which will generate FY
2013 revenue to the County estimated at $2,400; and
B) authorize the County Administrator
or his designee, ISS Director, to approve and execute Task Orders associated
with these services up to maximum total revenue of $50,000 per Task Order.
SUMMARY: The Loxahatchee River Environmental
Control District has an existing agreement with Palm Beach County for Network
Services (R2011-1215) and wishes to amend this agreement to include both Fiber
and WiMax services from their Jupiter Park Drive location as described in the
First Amendment. This agreement will generate $2,400 in FY 2013 revenues and
also includes one-time installation costs of $31,540.08 to be paid by the
District. The Florida LambdaRail LLC has approved the inclusion of the
Loxahatchee River Environmental Control District to be connected to the Florida
LambdaRail. District 1 (PFK)
X. PUBLIC SAFETY
1. Staff recommends motion
to receive and file: the executed Clinical Service Agreement with
ChildNet, Inc. to provide psychological evaluations for dependency cases
referred by the Juvenile Division of the 15th Judicial Circuit Court
(Court) for the period of October 1, 2012, through June 30, 2013. SUMMARY:
ChildNet, Inc. contracted with the Division of Justice Services to provide
court ordered psychological evaluations for dependency cases referred by the
Court. These are frequently on the
parents of children under ChildNet, Inc. care and are required as a part of a
case plan or to support and provide important and relevant expert psychological
information for litigation. This
contract compensates Justice Services Forensic Psychology Office for the
psychological services provided to this agency. R2005-0792 authorizes the County Administrator or his designee to
sign contracts to provide psychological services to the Fifteenth Judicial
Circuit Court. Countywide (PGE)
2. Staff
recommends motion to:
A) approve a Contract
with Byron V. Reid, D.V.M. for on‑call veterinary services for large
animals in an amount not to exceed $10,000 for the period January 24, 2013,
through January 23, 2014. This Contract may be renewed by written mutual
agreement of the parties for up to three additional one year renewals for the
same terms and conditions; and
B) authorize the County Administrator or his designee,
the Public Safety Director to approve the renewal of this Contract.
SUMMARY: The Animal
Care and Control Division is required to provide
appropriate and necessary veterinary services for sheltered animals. This
Contract will provide part-time, relief and emergency “on-call” professional
medical services for sheltered animals on an as needed basis. This is the first
renewal of the original contract entered into January 24, 2012. The Contract may be renewed by written mutual
agreement of the parties for up to three additional one year renewals for the
same terms and conditions. Countywide (SF)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(Cont’d)
3. Staff recommends
motion to approve: the Agreement (13-IS-3S-10-60-02-521) with the State
of Florida, Division of Emergency Management to receive reimbursement for costs
incurred as a result of damages caused by Hurricane Isaac that began on
Saturday, August 25, 2012. SUMMARY: On October 18, 2012, the President
of the United States issued a major disaster declaration designated
FEMA-4084-DR-FL for the State of Florida as a result of Hurricane Isaac
authorizing public assistance for Palm Beach County. Public assistance is a
federal grant to aid state and local governments in returning a disaster area
to pre-disaster conditions. The federal
share of the eligible costs under this Agreement is 75% and the non-federal
share will be the remaining amount. Payment of a specified portion of the non-federal
share is contingent upon future State appropriations. Typically, the State of
Florida will contribute a 12.5% share of the qualified actual expenditures
incurred, leaving the County responsible for absorbing the remaining 12.5
percent. Countywide (PGE)
AA. PALM
TRAN
1. Staff recommends
motion to approve: Contracts with Seagull Industries for the Disabled,
Inc. and Federation Transportation Services, Inc. in the amounts of $100,200
and $135,313 respectively, under which these not-for-profit agencies will be
reimbursed, in part, for providing transportation services to certain of their
transportation disadvantaged clients during the period October 1, 2012, through
September 30, 2013. SUMMARY: These
contracts will provide partial reimbursement for the costs of transportation
services for life sustaining services being provided by Seagull and Federation
for their transportation disadvantaged clients during FY 2013 (October 1, 2012
through September 30, 2013). Countywide (DR)
BB. SHERIFF
1. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, a Grant Modification with the Florida
Department of Law Enforcement to provide an additional $32,500 reimbursable
funding for the PBSO’s Critical Infrastructure Protection/Target Hardening
Project; and
B) approve a Budget Amendment of $32,500 in the Sheriff’s Grants Fund.
SUMMARY: The Board of
County Commissioners accepted this grant for $199,988 on October 16, 2012; with
a grant period of June 1, 2012, through April 20, 2013 (R2012-1584). This Grant
Modification will provide supplemental funds that will be used to enhance the
security of regional critical assets identified by the Region 7 Domestic
Security Task Force, including the Palm Beach International Airport. There is
no match requirement associated with this award. No additional positions
are needed and no additional County funds are required. Countywide (PGE)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
BB. SHERIFF
(Cont’d)
2. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with the
City of Miami, as the fiscal agent for the Miami Urban Area Security Initiative
to provide $189,000 in reimbursable funding for the Regional 7 Perimeter
Response Team Enhanced Capability effective until February 28, 2013; and
B) approve a Budget Amendment of $189,000 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miami as the Miami
UASI’s fiscal agent. These funds will be used to enhance the capabilities of
the Region 7 Perimeter Response Teams by purchasing field force equipment which
will provide protection for officer’s deployed during civil unrest incidents. There is no match requirement associated with
this award. No additional positions
are needed and no additional County funds are required. Countywide (PGE)
3. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s
Office, a Grant Modification with the Office of National Drug Control
Policy to provide an additional $85,000 in reimbursable funding for the Palm
Beach Narcotics Task Force; and
B) approve a Budget Amendment of $85,000 in the Sheriff’s Grant Fund.
SUMMARY: The Board of
County Commissioners accepted this grant for $102,486 on May 1, 2012; with a
grant period of January 1, 2012, through December 31, 2013 (R2012-0653). This Grant
Modification will provide supplemental funds that will be used for overtime reimbursement and other
expenses associated with the Palm Beach Narcotics Task Force. There
is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (PGE)
4. Staff recommends
motion to:
A) accept on behalf of the Palm Beach County Sheriff’s Office, an Agreement with
the City of Miramar, a municipal corporation of the State of Florida, as the
fiscal agent for the Ft. Lauderdale Urban Area Security Initiative to provide
$179,702 in FY 2009 reimbursable funding for various direct law
enforcement oriented domestic security activities effective until January 31,
2013; and
B) approve a Budget Amendment of $179,702 in the
Sheriff’s Grant Fund.
SUMMARY: This Agreement provides a means of funding
various domestic security activities within the County and region using federal
Urban Area Security Initiative (UASI) funds through the City of Miramar as the
Ft. Lauderdale UASI’s fiscal agent. These funds will be used for the Region 7
Bomb Squad Portable X-Ray Build-out project. There is no match requirement associated with this award. No additional positions are needed and no
additional County funds are required.
Countywide (PGE)
JANUARY 15, 2013
3. CONSENT
AGENDA APPROVAL
CC. SUPERVISOR OF ELECTIONS
1. Staff recommends
motion to approve: Precinct boundary changes submitted by Susan Bucher,
Supervisor of Elections, as required by section 101.001(1), Florida Statutes. SUMMARY:
Precinct boundary changes as indicated. Countywide (TKF)
DD. WESTGATE/BELVEDERE HOMES COMMUNITY
REDEVELOPMENT AGENCY
1. Staff recommends
motion to approve: a Contract with Ric-Man International, Inc. in the
amount of $2,685,368 for the construction of Belvedere Homes Infrastructure
Improvements – Phase 2, contingent upon approval by the Florida Department of
Economic Opportunity. Summary: On December 12, 2012,
five (5) bids were opened for the Belvedere Homes Infrastructure Improvements - Phase 2 with Ric-Man International, Inc. being the lowest responsible
responsive bidder in the amount of $2,685,368. The drainage improvements include the construction of storm sewers and
the grading of the swales. The potable water improvements include the
replacement of asbestos cement water main pipes (9,700 ft in Phase 2),
installation of new water services and fire hydrants. The wastewater system
improvements include the construction of a vacuum type sewer collection system
consisting of pipes providing wastewater services to 229 properties in Phase 2.
The Water Utilities Department (WUD) will administer
the project for Westgate/Belvedere Homes Community Redevelopment Agency (CRA). Funding for this project has been provided by WUD,
CRA and the Palm Beach County Department of Economic Sustainability (DES) under
the Community Development Block Grant Disaster Recovery Initiative Program. The partially federally funded project has
participation goals of 22.4% MBE and 6.9% WBE. The Contract with Ric-Man International, Inc. includes 22.73% MBE, 6.91% WBE participation. Although SBE
participation is not required by the Contract, a good faith effort as
determined by DES, has been made by Ric-Man International, Inc., who provides for SBE
participation of 27.07% overall. Ric-Man International, Inc. is a Broward County
company. The Local Preference Ordinance is not applicable to this federally
funded project. (WUD Project No. 10-502) District 7 (JM) (Water Utilities)
* * * * * * * * * * * *
JANUARY 15, 2013
4. PUBLIC HEARINGS – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends,
contingent upon the approval and execution of 2 and 3 below by the City of
South Bay, a motion to:
1) adopt a Resolution determining that the purchase
of the Glades Utility Authority (GUA) water and wastewater system is in the
public interest, as required under Section 125.3401, Florida Statutes;
2)
approve the Stipulated Settlement Agreement with the Cities of Belle Glade,
Pahokee, and South Bay, and the GUA settling the case styled Palm Beach County v. Glades Utility
Authority, et. al., Case No.: 50-2012-CA-009640XXXXMB;
3)
approve the First Amendment
to the Interlocal Agreement with the Cities of Belle Glade, Pahokee, and South
Bay establishing the GUA;
4)
approve the First Amendment
to the Service Agreement with the GUA for Operations, Maintenance,
Administration and Management of the Glades Utility Authority Utility System;
5)
approve the Escrow
Agreement between the County and the Clerk of the Circuit Court and authorize
the deposit of a maximum of $2.5 Million in the account to pay off certain debt
obligations of the GUA as of the closing of the transfer of the GUA assets to
the County; and
6)
authorize the County Administrator or his designee to execute any and all
documents necessary to carry out the closing of the transfer of the GUA water
and wastewater system to the County.
Summary: In 2009, the GUA was formed by Interlocal
Agreement between the Cities of Pahokee, Belle Glade, South Bay, and the County
to provide sustainable infrastructure for water and wastewater service to the
Tri-Cities area. The formation of the GUA resulted in many successes, including
the receipt of more than $18 Million in grants and the development of a
well-managed, integrated utility system. The economic downturn, including the
loss of its biggest customer, the Glades Correctional Institution, along with the
discovery that existing infrastructure is in much worse condition than
originally anticipated will result in GUA operating with negative cash balances
by early 2013. This problem is exacerbated by the GUA Board’s inability to
adopt balanced budgets for FY 2012 and 2013. The above Agreements allow the GUA to be absorbed into the
County's Water Utilities Department in order to begin the process of rebuilding
the deteriorating infrastructure. The
First Amendment to the Interlocal Agreement terminates the 2009 Interlocal
Agreement, transfers the GUA Service Area rights to the County, and
memorializes the “Seven Point Plan.” The First Amendment to the Service
Agreement terminates the Service Agreement upon transfer of the GUA to Palm
Beach County. The Stipulated Settlement Agreement provides for the dismissal of
the lawsuit with prejudice, once the Amended Interlocal Agreement and Service
Agreement have been executed by all appropriate parties and assets have been
transferred. The Escrow Agreement allows
the Clerk to escrow the money needed to retire certain unfavorable debt
obligations. The Cities of Belle Glade
and Pahokee, and the GUA Board have approved the Agreements. The County’s approval will be contingent upon
approval and execution by the City of South Bay. Failure by the City of South Bay to approve
these agreements resulted in the GUA customers seeing a 6.5% increase in their
bill, effective January 1, 2013. The
County has attempted to resolve the dispute through the Chapter 164 Dispute
Resolution Process, and the above-styled lawsuit was abated while the Chapter
164 negotiations proceeded. County staff
recommends that the County continue to pursue relief through prosecution of the
lawsuit, unless and until the City of South Bay approves the Stipulated
Settlement Agreement. District 6 (MJ/ATP)
JANUARY 15, 2013
4. PUBLIC
HEARINGS CONTINUED
B. Staff recommends
motion to:
1) conduct a public hearing on the proposed issuance
of revenue bonds (the "Bonds") by the Kansas Development Finance
Authority (the “Authority”) in an amount not to exceed $30,000,000, of which
not to exceed $28,700,000 will be used to finance certain projects located in
Palm Beach County, and
2) adopt a Resolution
approving the issuance of the Bonds, and providing for an effective date.
SUMMARY: If
the Bonds are issued, the Authority will loan the proceeds of the Bonds to
Lifespace Communities, Inc. (the “Corporation”) to provide funds to be used to
renovate, remodel, improve and equip the life care retirement communities known
as (a) Abbey Delray South (the “Abbey Delray South Project”) located at 1717
Homewood Beach, Delray Beach, Florida 33445 and (b) Harbour’s Edge (the
“Harbour’s Edge Project”) and, together with the Abbey Delray South Project,
the “Projects”) located at 401 E. Linton Boulevard, Delray Beach, Florida
33483. All facilities financed with the
proceeds of the Bonds will be located at the locations set forth above and will
be owned and operated by the Corporation.
Approval by the Board of County Commissioners is required by the
Internal Revenue Code. Neither
the taxing power nor the faith and credit of the County, nor any County funds
shall be pledged to pay principal or redemption premium, if any, or interest on
the Bonds. District 4
(PFK)
C. Staff recommends
motion to adopt: an Ordinance
of the Board of County Commissioners of Palm Beach County, Florida, amending Sections 2-80.20 through 2-80.34 of
the Palm Beach County Code, which codified Ordinance No. 2002-064, as amended
by Ordinance No. 04-071, Ordinance No.
05-048, Ordinance No. 2008-014, and Ordinance No. 2009-024, and established a
Small Business Enterprise Program; providing for policy and purpose; providing
for definitions; providing for Small Business Certification; providing for
M/WBE certification; providing for the Small Business Advisory Board; providing
for repeal of laws in conflict; providing for severability; providing for
inclusion in the code of laws and ordinances; and providing for an effective
date. SUMMARY: On December
18, 2012, the Board of County Commissioners held preliminary reading of this
ordinance and authorized advertising for public hearing. The proposed changes
to the SBE Ordinance are recommended to create a thorough process for reviewing
applications for certification, update the membership of the SBE Advisory
Board, and provide further clarity. Countywide (TKF)
* * * * * * * * * * * *
JANUARY 15, 2013
A. ADMINISTRATION
1. Staff recommends
motion to receive and file: executed documents dated November 30, 2012,
related to the Convention Center Hotel project:
A) Amendment to Settlement Agreement;
B) Convention Center Hotel – West
Palm Beach Agreement;
C) Declaration of Restrictive Covenant (Convention Center Hotel Land Pilot
Payment);
D) Payment, Performance, and
Construction Guaranty;
E) Development Agreement;
F) Hotel Lease;
G) Memorandum of Hotel Lease;
H) Hotel Room Block Agreement;
I) Memorandum of Room Block
Agreement; and
J)
Convention Center Hotel Garage Easement.
Summary: On October 30, 2012, the Board of County
Commissioners (BCC) approved and authorized the Chair of the BCC to execute the
above agreements contingent upon receipt of fully executed agreements including
Related New York’s $5 Million security deposit by November 30, 2012. Staff has received the required security
deposit in the form of a bond. Related
New York has until May 2014 to commence construction or the $5 Million security
deposit will be forfeited. Countywide (JM/HJF)
JANUARY 15, 2013
5. REGULAR
AGENDA
A. ADMINISTRATION
(Cont’d)
2. Staff requests
Board direction: on a proposed Resolution of the Board of
County Commissioners of Palm Beach County, Florida, establishing Rules of
Procedure to be incorporated into Section 500.00 of the County’s
Administrative Code; and providing for an effective date. SUMMARY: Staff requests the Board’s direction on a proposed Resolution adopting
updated Rules of
Procedure that more accurately reflect the custom and practice of
the Board of County Commissioners (BCC) and the public participants
at BCC meetings. These rules serve as the sole source of procedural
guidance. Possible changes include:
·
Allowing for Board discretion to
adjust times and locations as needed or requested, including the possibility of
holding night meetings. One option offered to accommodate the possibility of
night meetings is as follows: Schedule a
regular quarterly night meeting at 6 P.M. at the first meeting of the months of
March, June, September and December with special presentations and public
hearings occurring at 6 P.M. and Matters by the Public occurring at 7 P.M.
Because of the driving distance from many locations to downtown West Palm Beach
can be great for many residents, particularly our more senior population, day
meetings have been favored. However, day meetings for those that work daytime
hours make it difficult for those residents to attend. Therefore, if the Board
approved a quarterly night meeting option, four regular meetings would be held
in the evening and fourteen would be held during the day on an annual basis.
·
Moving “Matters by the Public”
from 2 P.M. to the morning at the meeting on the first Tuesday of the month. It
has been suggested that a morning time is more favorable for public attendance.
The proposed change in the attached resolution includes a 9:45 A.M. time based
on a suggestion by the Board; however, it should be noted that such a time
could possibly be delayed by special presentations and public hearings. As an
alternative, 11 A.M. might be more beneficial as it would avoid the preceding
conflicts and might allow a portion of regular business to be handled
beforehand. The benefit of the current 2 P.M. time offers time certainty to the
public but sometimes requires the Board to come back for an afternoon session
when all other business has been completed in the morning. If the Board schedules regular night meetings
as suggested, there would be six day and four night “Matters by the Public”
offered to residents.
·
Designating the Chair as the
“Mayor” and the Vice Chair as the “Vice Mayor”.
Countywide (DMN)
JANUARY 15, 2013
5. REGULAR
AGENDA
B. FACILITIES
DEVELOPMENT & OPERATIONS
1. REVISED
TITLE: Staff
recommends motion to:
A) approve a Third
Amendment to SubLease Agreement (R2012-0465, R2011-1595, R2001-05650656)
with the Boys and Girls Club of Palm Beach County, Inc., for the Bill Bailey
Community Center (BGC) in Belle Glade to re-assign responsibility for payment
of water, wastewater and electricity to the County; and
B) requests Board direction on a request from the City of Pahokee to
lease the City owned former fire station building for the operation of a
PBSO/PAL Youth Center.
SUMMARY: This item
addresses two issues relative to the County expanding its funding commitment to
afterschool and youth recreational programs in the Glades and responding to
requests from: 1) the BGC to amend its sub-lease for the Bill Bailey Community
Center for the County to assume responsibility for the utility costs, and 2)
the City of Pahokee to lease the former Pahokee fire station building for
renovation and operation of a new PBSO/PAL Youth Center. The BGC has
notified the County that it is unable to fund shortfalls which jeopardize the
continuation of programs at Bill Bailey. Staff believes that it is
important that services continue not only for the 910 youth which utilize the
facility annually, but also to maintain the community benefits derived from
being the only indoor recreational facility in this area and for post disaster
recovery needs. The annual funding shortfall is $85,000 annually. County
Staff and PBSO have evaluated the capital and operating requirements associated
with the creation of the PBSO/PAL Youth Center at the former Pahokee fire station
and the cost per youth served is very high due to the condition of the
building, the requirement to fund additional sworn and non-sworn Staff, and the
limited number of additional youth that would be served. County Staff and PBSO
agree that additional services would benefit area youth, and while not
satisfying the Pahokee request geographically, an alternative approach for the
operation of Bill Bailey could be implemented for less total cost and serve a
minimum of 140 additional youth in lieu of the 30 that could be accommodated at
the Pahokee facility. Staff is requesting direction from the Board on
undertaking and funding any expansion, and if so, which option. (FDO Admin) District
6 (HJF)
JANUARY 15, 2013
5. REGULAR
AGENDA
C. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET
1. Staff recommends
motion to adopt: a Resolution (I) authorizing the issuance of not exceeding $10,100,000 in original
aggregate principal amount of its Public Improvement Revenue Bonds (unified
messaging system project), Series 2013 for the purpose of financing the cost of
upgrading the communications technology available to county employees, by
replacing the County’s existing telephone systems with a modern unified
messaging system, as more fully described herein, and paying certain costs
related thereto; (II) providing for the terms and payment of such series
2013 bonds; (III) providing for the rights, security and remedies of the
holder thereof; (IV) making certain covenants and agreements in
connection therewith; (V) delegating authority to proper officials of
the County, in consultation with
the County’s financial advisor, to select a qualified financial institution
pursuant to a competitive proposal process to purchase the series 2013 bonds
and to award the sale of the series 2013
bonds to such purchaser, subject to certain parameters and other matters set
forth in this resolution; (VI) authorizing the execution and delivery of
an agreement with the purchaser of the series 2013 bonds to set forth
additional covenants of the county and matters relating to the series 2013
bonds as may be required by the purchaser; (VII) authorizing the proper
officials of the county to do all other things deemed necessary or advisable in
connection with the issuance of the series 2013 bonds; (VIII) providing
for certain other matters in connection therewith; and providing for an
effective date. SUMMARY: On October 16, 2012, the Board
authorized staff to proceed with the planning of a $10million, three-year
project to replace the County’s 80 separate telephone systems with a single,
modern, Unified Communications Systems. Bonds will be issued for this project
in amount not to exceed $10,100,000 ($10 million for the project and not to
exceed $100,000 for cost of issuance). The County Financing Committee (CFC) met
on August 23, 2012 and approved this issuance to be competitively bid as a
direct bank placement as recommended by the County’s Financial Advisor. The
Board approved Greenspoon Marder as bond counsel for this financing. As it is a
direct bank placement, disclosure counsel is not needed. This issue is a
covenant to budget and appropriate with an estimated annual debt service
payment of approximately $1.1 million per year, for 10 years. The first debt
service payment will be budgeted in FY 2014. At the request of the CFC, the
bids will also include pricing for a 7-year maturity to be compared to the
10-year maturity. The County’s financial advisor will make a recommendation as
to which maturity to accept. Countywide
(PFK)
JANUARY 15, 2013
5. REGULAR
AGENDA
C. OFFICE OF FINANCIAL
MANAGEMENT & BUDGET (Cont’d)
A) recommends motion to approve on preliminary reading and advertise for
public hearing on February 5, 2013 at 9:30 a.m.: an Ordinance of
the Board of County Commissioners of Palm Beach County, Florida, amending the Palm
Beach County Unified Land Development Code, Ordinance 2003-70, as amended, by
amending Article 13, concerning countywide impact fee amounts, as follows: Chapter
B – county district, regional, and beach parks impact fee; Chapter C –
fire-rescue impact fee; Chapter D – library impact fee; Chapter E – law
enforcement impact fee; Chapter F – public buildings impact fee; Chapter G –
school impact fee; Chapter H – road impact fee; providing for repeal of laws in
conflict; providing for severability; providing for inclusion in the Unified Land
Development Code; providing for an effective date; and
B) requests Board direction regarding one of three of
the following options for adjusting impact fee rates:
I. Option
1 – Increase fees to the full amount (95% of the amount calculated in the
study) allowed by the ordinance.
II. Option
2 – Increase fees to the full amount allowed by the ordinance with two phase-in
periods on May 4, 2013 and May 4, 2014. The first phase would increase fees
approximately 60%. The first phase would capture 60% of the proposed fee
increase. The final adjustment of the fees on May 4, 2014 would increase
the fees to the full amount allowed by the ordinance.
III. Option
3 – Impact Fee Review Committee recommend a 20% increase of impact fees
identified in the impact fee study with two phase-in periods beginning on May
4, 2013 and May 4, 2014. This would result in a net decrease of impact fees for
residential development and approximately a net increase of 13% for
non-residential development.
SUMMARY: Based on the impact fee study
all three options above reflect decreases in the park, fire rescue, law
enforcement, and school impact fees.
The study reflects the fire rescue fee being eliminated because there
are no new fire stations proposed in the 5-Year Capital Plan. The park impact fee decreases because the
County is no longer acquiring park land for beaches. The school impact fee decreases significantly
because of the limited number of new schools required to accommodate growth. The law enforcement fee is down slightly
primarily reflecting shifts in the demand for services. The methodology
provides for the appropriate credits for other revenue sources that help fund
capital facility infrastructure including ad valorem taxes, debt service
payments, federal, state, and local grants, and gas taxes.
Staff supports Option 2 because this Option would result in the fee
increases comparable with the cost of providing the capital facilities once the
second phase-in period is implemented on May 4, 2014. The BCC has not approved
an increase in impact fees since January 6, 2006. Subsequent impact fee studies in 2007 and
2009 calculated increases in impact fees based on increases in capital facility
cost. However, the Board did not approve
fee increases at that time primarily because of the significant decline of the
economy. The general economy and specifically the housing market have shown
significant improvements in 2012 and both are projected to show continued
improvements in 2013. Countywide (LB)
JANUARY 15, 2013
5. REGULAR
AGENDA
D. AIRPORTS
1. Staff recommends
motion to approve: a Purchase and Sale Agreement for the following
property at a total cost of $90,000 by a supermajority vote. Said property is
located west of Runway 10L at Palm Beach International Airport (PBIA):
Florida Department of Transportation (FDOT)
Bertram Street, West Palm Beach, FL 33415
Parcels W-302, W-303 & W-304
Sales Price $ 90,000
Replacement Housing $ N/A
SUMMARY: The
subject property consists of .207 acres (9,013 square feet) on Bertram Street
lying west of the Military Trail right of way.
The property is vacant and there are no improvements. The property was appraised at $90,000 by
Anderson & Carr, Inc., and an appraisal review statement has been prepared
by an independent review appraiser, Edward E. Wilson, ASA, supporting the
appraiser’s analysis and value conclusion.
Conveyance will be by quitclaim deed with a restriction that prohibits
access or driveway connection to Military Trail through the right turn lane or
its associated taper. The effect of this restriction was considered in the
appraisal. Although there are no
representations and warranties in the agreement, it provides for an inspection
period during which the County may terminate the Agreement in the event of any
deficiency. All purchases, sales and exchanges of real estate must be approved by a
supermajority vote (5 Commissioners) pursuant to recent amendments to the PREM
Ordinance. Countywide (HJF)
JANUARY 15, 2013
5. REGULAR
AGENDA
D. AIRPORTS
(Cont’d)
2. Staff requests
Board direction on:
A) renewal of Airport Ground Transportation
Concession Agreement with Southeastern Florida Transportation Group, LLC
(SEFTG) (R2005-1774), for up to two additional years through September 30,
2015; or
B) issuance of an Invitation for Bids for a ground
transportation concession agreement for the provision of on-demand ground transportation
services, including taxicabs, executive sedans, limousines and shared ride
services, at the Palm Beach International Airport (PBIA).
SUMMARY: The current agreement for on-demand airport
ground transportation services commenced on October 1, 2005, with an initial
term of seven years plus one - three-year option to renew at the County’s sole
option. Pursuant to the Board’s
direction on March 20, 2012, the Department of Airports (DOA) issued Request
for Proposals 12-8 on April 11, 2012, for the solicitation of a ground
transportation concession at PBIA (RFP).
On April 17, 2012, the Board directed staff to cancel the RFP and
negotiate an extension of the existing agreement for one year to September 30,
2013, which was approved by the Board on June 5, 2012 (R2012-0824). The
solicitation process can take up to six months or more to complete from the
date of issuance to contract award. In
order to ensure that there will be no interruption in ground transportation
services at PBIA, the County will need to issue a solicitation for a new
agreement or extend the current agreement for a period not to exceed two
additional years. The current agreement, or any new agreement, will require the
concessionaire to provide a sufficient number of taxicabs, executive sedans,
sedans, limousines and share ride services to meet the requirements of all
persons requesting such services, during daily peak and non-peak periods and
periods of heavy seasonal and holiday passenger traffic. In addition, the ground transportation
concession at PBIA provides for vehicle, driver and operational standards, such
as requirements that vehicles be no more than five years old; that drivers meet
certain dress code standards; and that all vehicles be equipped with on-board
credit card devices. On April 17, 2012, the Board directed Consumer Affairs to
work with the industry to adopt standards within the Vehicle for Hire Ordinance
(R2008-043) to be consistent with the ground transportation concession at
PBIA. The current agreement requires SEFTG
to pay concession fees equal to the greater of a per capita charge of $0.0885
per deplaned passenger or a minimum annual guarantee of $266,959; provides for
adjustment of the per capita charge based on increases to SEFTG’s fares and
rates; and provides for adjustment of the minimum annual guarantee based upon
increases to the number of deplaned passengers.
If the Board elects to approve the issuance of a solicitation in lieu of
extending the current agreement, the solicitation will establish, as a minimum
requirement, payment of concession fees at least equal to the amounts paid
under the current agreement. Countywide (AH)
JANUARY 15, 2013
5. REGULAR
AGENDA
E. PUBLIC
SAFETY
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
February 5, 2013, at 9:30 a.m.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, amending Chapter 19, Article IX
(Ordinance No. 2008-43, amended by Ordinance No. 2011-007, amended by Ordinance
No. 2011-032, amended by Ordinance No. 2011-040, and amended by Ordinance No.
2012-009); relating to taxicabs and other vehicles for hire, to be known as the
Vehicle for Hire Ordinance; amending Section 19-218 (business permit
application); amending Section 19-227 (driver requirements; failure to comply);
providing for repeal of laws in conflict; providing for a saving
clause; providing for severability; providing for inclusion in the code of
laws and ordinances; providing for captions; and providing an effective date. SUMMARY: The
proposed amendments are needed to correct certain scrivener’s errors in the
current Ordinance. The first proposed amendment fixes the licensing year date
for a business permit so that it runs from May 1st through April 30th,
rather than from April 30th through May 1st. The second proposed amendment fixes the
window of time that a person must wait before being eligible for a vehicle for
hire Driver’s ID Badge if he or she has been convicted of a first degree
misdemeanor or a felony. The current Ordinance states that the window of time
runs from the date of conviction, when it should state that the window of time
runs from the date of application. Countywide (PGE)
F. COMMISSION
ON ETHICS
1. ADD-ON: Staff
recommends motion to approve: a Memorandum of Understanding (MOU) with
the Delray Beach Community Redevelopment Agency and Palm Beach County for the
services of the Palm Beach County Commission on Ethics. SUMMARY: The Delray Beach Community Redevelopment Agency agreed to subject
itself to the jurisdiction and authority of the Commission on Ethics. This MOU identifies the roles and responsibilities
of the Commission on Ethics and the Delray
Beach Community Redevelopment Agency in implementing the Palm Beach
County Code of Ethics, and establishes a schedule of fees to be paid by the Agency
to the County in exchange for services.
As required by the Commission on Ethics Ordinance, all fees paid under
this agreement must be used to fund Commission on Ethics operations. The MOU is subject to final approval of the
Board of County Commissioners. District 7 (LB) (Commission on Ethics)
2. ADD-ON: Staff
recommends motion to approve: a Memorandum of Understanding (MOU) with
the Lake Worth Community Redevelopment Agency and Palm Beach County for the
services of the Palm Beach County Commission on Ethics. SUMMARY: The Lake Worth Community Redevelopment Agency agreed to subject itself
to the jurisdiction and authority of the Commission on Ethics. This MOU identifies the roles and
responsibilities of the Commission on Ethics and the Lake Worth Community Redevelopment Agency in implementing the Palm
Beach County Code of Ethics, and establishes a schedule of fees to be paid by
the Agency to the County in exchange for services. As required by the Commission on Ethics
Ordinance, all fees paid under this agreement must be used to fund Commission
on Ethics operations. The MOU is subject to final approval of the Board of
County Commissioners. District 3 (LB) (Commission on Ethics)
* * * * * * * * * * * *
JANUARY 15, 2013
A. Florida
Association of Counties (FAC) Board Appointment
B. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
JANUARY 15, 2013
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
JANUARY 15, 2013
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA
Request approval to present off-site, a
Proclamation declaring January 20, 2013 as “John Anthony Wilson Memorial Day”
in Palm Beach County.
ADD-ON: Request approval to present off-site, a
Certificate of Special Recognition for Gloria Blake.
D. District
4 – COMMISSIONER STEVEN L. ABRAMS, CHAIRMAN
E. District
5 - COMMISSIONER MARY LOU BERGER
Request approval to present off-site, a
Proclamation honoring Arelene Lodgen National President of the Ladies
Auxiliary, Jewish War Veterans of the United States.
ADD-ON: Request approval to present off-site, a
Proclamation declaring March 22, 2013 as “All People’s Day” in Palm Beach
County. (Sponsored by Commissioner Berger)
F. District
6 - COMMISSIONER JESS R. SANTAMARIA
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR, VICE CHAIR
9. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."